Council could be up for millions in legal fees to defend NSW Civil and Administrative Tribunal NCAT proceedings against more than 100 semi-permanent caravan owners, claims the group.

Owners of 136 holiday vans at 4 Council managed caravan parks situated on Crown Land at Brooms Head, Iluka, Minnie Water, and Wooli were sent letters in early March advising of the termination of long-term (casual occupation) agreements on June 30, 2025.

Under the long-term casual occupation agreements, holiday van owners are only permitted to use the site for up to 180 days per year, and they can’t rent out their van for the rest of the year to another occupant, despite paying site fees for the entire year.

More than 100 of the caravan owners have lodged applications with NCAT, who handed down 16 directions from its June 23 hearing.

Clarence Valley Semi Permanent Caravan Group Inc spokesperson Simon Chase issued this statement last Friday.

“Clarence Valley Council’s ongoing attempt to forcibly remove families and owners from 136 long-standing holiday vans across four Council-holiday parks is shaping up to be a financial and reputational disaster, with ratepayers left to foot the bill,” Mr Chase said.

“More than 100 occupants are currently fighting the Council’s actions in the NSW Civil and Administrative Tribunal (NCAT), a process that has already required the Council to engage a costly team of external lawyers to defend its position.

“These escalating legal costs will no doubt be passed directly onto Clarence Valley ratepayers.

“This is in addition to any compensation, damages, or settlements the Council may ultimately be required to pay, a combined financial burden which could ultimately end up costing many millions of dollars.

“If so, that could result in significant rate increases across the region.”

Mr Chase said he has requested multiple meetings with General Manager Laura Black about the issue.

Mr Chase claims Council’s refusal to enter into mediation over the issue is unfair.

“Council’s refusal to participate in mediation, as confirmed at the recent NCAT directions hearing, underscores a disturbing lack of compassion and fairness,” he said.

“Rather than seeking a reasonable resolution, Council appears solely focused on enforcing its decision, regardless of the human cost.

“This approach not only abandons the values of empathy and community responsibility but also burdens ratepayers with the cost of expensive and unnecessary legal proceedings.

“Instead of engaging in dialogue, Council has chosen a path of confrontation, funded by public money, and carried out at the expense of vulnerable residents including the elderly, pensioners, and war veterans, many of whom will be made homeless.

“Despite repeated requests for mediation, legal challenges, and well-documented procedural failures, the Council has chosen confrontation over cooperation, and the consequences will be borne by ratepayers who had no voice in the decision-making process.

“This is not simply a policy dispute.

“It is a governance failure, a cultural failure, and a gross breach of public trust.”

Clarence Valley Council were asked to comment on Mr Chase’s claims but the CV Independent did not receive a response before deadline.

This article appeared in the Clarence Valley Independent, 16 July 2025.
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